JOHN DOE #2 IDENTIFIED: BUT CAN WE GET THE FBI TO ARREST HIM?
THE STORY OF THE EVENTS THAT WILL EXPOSE THE OKLAHOMA CITY BOMBING TRUTH
BY
MIKE VANDERBOEGH
COMMANDER
THE FIRST ALABAMA CAVALRY REGIMENT CONSTITUTIONAL MILITIA
JOHN DOE #2 IDENTIFIED; BUT CAN WE GET THE FBI TO ARREST HIM?
NOTE: 1ACR has been assisting Glenn & Kathy Wilburn with their private
investigation of the Oklahoma City bombing and the search for ALL of the
killers of their two grandchildren and 166 other Americans. The analysis
below is my own, and it should be made clear that I do not presume to
speak for the Wilburns. The Wilburns are two very courageous Americans
who have suffered much in their search for the truth. Other Oklahoma
City victims have criticized the Wilburns for seeking to get McVeigh off
the hook. Nothing could be further from the truth. None of the
information that they or their many volunteer helpers have discovered
(of which I am but one) exculpates Timothy McVeigh. McVeigh was the
truck driver, and a key player in the plot. What we are after is the
rest of the bombers and the murdering bastards that sent them and
sheltered them after the fact.
JOHN DOE TIMES
Vol. II, No. 3
4 October 1996.
IN THIS ISSUE: THE EDYE SMITH CIVIL SUIT IS EXPANDED TO INCLUDE "ATF
ANDY" STRASSMEIR, MICHAEL "JOHN DOE #2" BRESCIA, AND MICHAEL "DEALING
DRUGGIE" FORTIER OR: "HOW ARE TIMMY ("PINKY") McVEIGH & MIKEY ("THE
BRAIN") BRESCIA LIKE O.J. SIMPSON?"
THE FOLLOWING PETITION WAS FILED IN THE DISTRICT COURT OF CANADIAN
COUNTY, STATE OF OKLAHOMA, 1 OCTOBER 1996:
CASE No. CJ-96-18
EDYE ANN SMITH, individually and on behalf of her minor children, CHASE
SMITH, deceased, and COLTON SMITH, deceased, PLAINTIFFS,
VS.
TIMOTHY JAMES McVEIGH, MICHAEL BRESCIA, MICHAEL FORTIER and ANDREAS CARL
STRASSMEIR and other unknown individuals, DEFENDANTS.
Second Amended Petitition.
EDYE ANN SMITH indivually and on behalf of her deceased minor children,
Chase Smith and Colton Smith, brings before this Court her cause of
action against the defendants, Timothy James McVeigh, Michael Brescia,
Michael Fortier, Andreas Carl Strassmeir and other unkown individuals
and states as follows:
1. That Edye Ann Smith is the mother of the deceased minor children,
Chase Smith and Colton Smith;
2. That on April 19, 1995, at approximately 9:00 a.m. Chase Smith and
Colton Smith were inside the Murrah Federal Building in Oklahoma City,
Oklahoma when an explosion occurred trapping them in the building and
causing serious personal injury and death;
3. That the defendants, Timothy James McVeigh, Michael Brescia, Michael
Fortier, Andreas Carl Strassmeir and other unknown individuals working
in concert with one another, wrongfully, and with reckless disregard for
the welfare of the plaintiffs, and others similarly situated, placed and
discharged an explosive device, or devices, in close proximity to the
structural support of the Alfred P. Murrah Federal Building in Oklahoma
City, causing injury and death to Chase Smith and Colton Smith;
4. That Edye Smith has and continues to suffer severe emotional distress
from personally witnessing the destructive reults of the device(s)
detonated by the defendants, and from fearing for the lives of her two
small boys as rescue workers searched the Alfred P. Murrah Building
rubble for survivors;
5. As a direct and proximate result of the wrongful conduct of the
defendants, Chase Smith, having lived a mere three years, did wrongfully
die as the day care center he was attending collapsed causing him to
experience all the fear, pain and suffering possible for a person of his
tender years, and as such has been injured in an amount in excess of
$5,000,000.00.
6. As a direct and proximate result of the wrongful conduct of the
defendants, Colton Smith, having lived only two years, did wrongfully
die as the day care center he was attending collapsed causing him to
experience all the fear, pain and suffering possible for a person of his
tender years, and as such has been injured in an amount in excess of
$5,000,000.00.
7. As a direct and proximate result of the wrongful conduct of the
defendants, Edye Ann Smith has and will suffer loss of companionship and
severe emotional distress from the death of her two young boys and as
such has been damaged in an amount in excess of $10,000,000.00
The plaintiff states that the acts of the defendants were gross,
willful, wanton and intentional, for which malice may be inferred and
for which punitive damages should be assessed in an amount in excess of
$10,000,000.00.
Wherefore, the plaintiff Edye Ann Smith, individually and on behalf of
her minor children Chase Smith, deceased, and Colton Smith, deceased,
seeks judgement against the defendants, Timothy James McVeigh, Michael
Brescia, Michael Fortier, Andreas Carl Strassmeir and others, for actual
damages in amount $10,000,000.00 and punitive damages in an amount in
excess of $10,000,000.00 together with attorney fees, interest, cost of
this action and other such necessary and proper relief as the Court may
deem just and equitable.
Respectfully submitted,
Larry L. Oliver & Associates., P.C.,
(Signature).
Larry L. Oliver, OBA #6769
2211 East Skelly Drive
Tulsa, OK 74105
(918) 745-6084
Attorney for the Plaintiff.
ATTORNEY LIEN CLAIMED
JURY TRIAL DEMANDED.
*****************************************************************
McCurtain (Oklahoma) Gazette, 2 October, 1996
ATF INFORMANT & "JOHN DOE #2" ADDED TO WRONGFUL DEATH LAWSUIT.
By J.D. Cash with Jeff Holladay.
A significant change is being made in a wrongful death civil lawsuit
filed by Oklahoma City bombing victim Edye Smith-- the addition of
Andreas Carl Strassmeir, Michael Fortier and Michael Brescia as
co-defendants, the McCurtain Gazette has learned.
The Tulsa law firm of Larry Oliver and Associates filed the documents in
Canadian County district court Tuesday.
Edye Ann Smith, who lost two young children at a daycare center in the
April 19, 1995, bombing of the Alfred P. Murrah Federal Building, filed
the $30 million wrongful death lawsuit last January.
It named Oklahoma City bombing co-defendant Timothy McVeigh and "persons
unknown" as defendants. Strassmeir, 37, Fortier, 27, and Brescia, 24,
are no strangers to readers who have followed the McCurtain Gazette
newspaper's stories for nearly a year and a half.
Attorneys for Smith said they intend to eventually prove that the
government had prior knowledge of the impending bomb threat to the
building but failed to warn occupants.
So far, no particular governmental agency has been named in the civil
lawsuit, which is entirely separate from the impending criminal trial in
Denver for McVeigh and accused co-conspirator Terry Nichols.
But Edye Smith and her parents, Glenn and Kathy Wilburn of Oklahoma
City, have often said in interviews that they believe the ATF (Alcohol,
Tobacco and Firearms Bureau of the Treasury Department) were involved in
a "sting operation" that went sour.
Edye Smith, 24, lost her only two children, Chase, 3, and Colton, 2,
when a truck bomb authorities allege was built by McVeigh and Nichols
exploded a few feet from the daycare center on the second floor of the
Murrah building. The bombing also took the lives of 166 other persons
and injured more than 400 others. It has been called the worst incident
of terrorism in U.S. history.
Shortly after Smith's civil lawsuit was filed in January, the federal
government sought to stop her attorneys from deposing witnesses-- saying
McVeigh might gain an advantage over the government as a result of
broader rules of discovery allowed in civil lawsuits over more limited
means in criminal charges.
The federal government contended Smith should be forced to wait until
all criminal trials are completed before being allowed to proceed with
the civil lawsuit. Likewise, the government argued to the court, lawyers
for McVeigh should be blocked from getting testimony from witnesses in
the civil lawsuit.
Such a delay, legal experts say, could last for two years because of the
possibility that McVeigh and Nichols may receive separate federal
trial-- and then face state murder charges as well.
However, naming other defendants in the civil action means the discovery
process can proceed regardless of a judge's ruling on McVeigh's legal
standing in the case, the Gazette has been told by legal experts.
As reported earlier in the Gazette, Andreas Carl Strassmeir came under
scrutiny when it was revealed by Elohim City residents that he was the
German national Timothy McVeigh tried to contact by telephone just days
before the Oklahoma City bombing.
Strassmeir's attorney, Kirk Lyons of Black Mopuntain, N.C., has
repeatedly said his client does not personally know McVeigh and only had
a chance meeting with him in the spring of 1995. lyons said it was also
mere coincidence that McVeigh kept a note with Strassmeir's number on it
for two years following the gun show.... and that McVeigh called
Strassmeir about a planned visit to Elohim City shortly after calling a
Ryder truck rental place in Arizona-- a visit that never took place,
Strassmeir and white separatists at Elohim City said.
Yet, the former German military intelligence officer fled to his native
Berlin earlier this year after investigators for Timothy McVeigh began
questioning him. Kirk Lyons said Strassmeir had to leave the country to
protect himself from arrest by the FBI.
**************************************************
Transcriber's Note: You know, that one gets funnier every time I read
it. The last thing the FBI wanted to do was arrest Strassmeir. The whole
point of the "John Doe Who?" change of story by the government was to
protect Strassmeir by deflecting interest in Brescia.)
***************************************************
Because Strassmeir's family are powerful political figures in Germany,
Lyons also said that Berlin was a much safer place for the younger
Strassmeir from what he termed "ridiculous rumors spread by the media
and McVeigh's attorney, Stephen Jones." (Strassmeir's father, Guenter,
recenly retired from his position as secretary of state to Berlin. He is
now an unpaid adviser to German Chancellor Helmut Kohl. Andreas
Strassmeir's uncle is a parliamentarian and a brother holds elective
office on the Berlin city council.)
Despite the FBI's boast that they have interviewed more than 21,000
persons in connection with the Oklahoam City bombing, Strassmeir was
never interviewed by them while he was in this country--- possibly
because FBI sources reported Strassmeir was actually an undercover ATF
informant. (Strassmeir denies the charge.)
The government has thus far blocked defense attorney Stephen Jone's
effort to obtain intelligence files on Strassmeir-- which the ATF
admitted they had.
But another attempt is being made. The McVeigh defense recently filed
new motions with the Denver federal court, asking Judge Richard Matsch
to order the agency to turn over their files on Strassmeir.
Michael Brescia, also named in the wrongful death civil lawsuit, is a
former roommate of Strassmeir's at Elohim City. He is also the person
identified by witnessess in Kansas (identified by Gazette lead
investigator J.D. Cash) as the man they believed to be the object of the
FBI's search for "John Doe #2."
Inexplicably, only a few weeks into the investigation, Attorney General
Janet Reno announced the whole thing as a mistake-- and that there was
no "John Doe #2." The Clinton appointee said persons who they say saw
McVeigh with the mystery man were probably confused.
But dozens of witnesses interviewed by the Gazette and other news media
continue to assert there were accomplices with McVeigh-- including the
so-called "John Doe #2" figure-- in the days and minutes before the
bombing. And a number of then said Michael Brescia looked very much like
"John Doe #2."
FBI sources however, have told the Gazette that Brescia is not a suspect
in the bombing.
Brescia left the Christian Identity redoubt at Elohim City near Muldrow
in the fall of 1995. The Pennsylvania native has been reported in
various places in the Northeast and Canada since then. In May of this
year, two of Brescia's friends from Elohim City were arrested in
Philadelphia and charged with a series of bank robberies.
Later published reports identified them as members of a neo-Nazi group
that called themselves the Aryan Republican Army and pulled a string of
18 bank robberies that netted them in excess of $200,000 between January
1994 and December 1995.
Since the arrest of McVeigh and Nichols, various reports have surfaced
in the press quoting federal authorities as saying they suspect the
bombing suspects might also be involved in some of the same bank
robberies.
Brescia, who was a member of a rock band with two of the alleged bank
robbers, is currently living at his parents' home in Philadelphia.
Michael Fortier was also named a defendant in the unlawful death civil
lawsuit. Fortier, 27, entered a plea of guilty with prosecutors in
exchange for promised testimony against his ex-Army buddies, Terry
Nichols and Timothy McVeigh.
Under that agreement in August 1995, Fortier faces up to 24 years in
prison for admitting to transporting and selling stolen property, lying
to the FBI, and failing to report McVeigh and Nichols' bombing plans.
Prosecutors, however, never presented any evidence to the grand jury
that Fortier had any actual involvement with the bombing.
Fortier's plea agreement also has an "out" clause for federal
authorities: It says that if the government gets any information that
Fortier was involved with the conspiracy to bomb any federal building,
the agreement is voidable and he could be charged ewith crimes subject
to the death penalty.
Edye Smith's wrongful death lawsuit, however, alleges that Fortier DID
have actual involvement with the others named in the action. If the
assertion is supported by facts, it could disrupt the government's
case-- possibly prompting withdrawal of the plea bargain agreement or
Fortier's refusal to testify against McVeigh and Nichols.
Hearings are currently being held in Denver federal court on motions to
separate the trials of McVeigh and Nichols.
END OF STORY.
EDITORIAL QUESTION: KIRK LYONS, WHO IS COPIED VIA EMAIL EVERY ISSUE OF
JOHN DOE TIMES, HAS BEEN SCREAMINGLY SILENT SINCE THE RESUMPTION OF JDT,
VOLUME II--- WHAT' S THE MATTER KIRK, DOES THE FEDERAL CAT HAVE YOUR
TONGUE? ANY COMMENT FROM "LITTLE ORPHAN ANDY'S" LAWYER ON HIS BEING
NAMED IN THE CIVIL SUIT?
AND YOU WONDER WHY DONATIONS ARE DOWN?
-- Mike Vanderboegh, 1 ACR